{"id":375301,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-negligence-laws.html"},"modified":"2022-12-20T14:06:53","modified_gmt":"2022-12-20T19:06:53","slug":"new-york-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-negligence-laws.html","title":{"rendered":"New York Negligence Laws"},"content":{"rendered":"\n
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New York Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In general, negligence is a complicated and confusing area of the law. Broadly defined, negligence<\/a> usually occurs when one person acts carelessly or fails to act when they have a duty to do so, which somehow (either directly or indirectly) causes some type of injury or harm to another person. Negligence often comes down to a failure to act prudently<\/a> when you owe another person a duty to do so. Take, for instance, something being spilled on the floor of a local store. If the spill was not promptly cleaned up before a customer slipped on it, fell, and broke their arm, that person may have a negligence claim against the shopkeeper.<\/p>\r\n

This article provides a general overview of New York negligence laws.<\/p>\r\n

New York Negligence Laws<\/h2>\r\n

Negligence statutes are usually fairly similar from state to state. The degree to which negligence is shared (when both parties are partially at fault) does vary, however. In some states, if a plaintiff contributed in any way to the accident (i.e. is found to be at fault even 1%), they cannot recover damages at all.<\/p>\r\n

New York does not follow this rule. The state still allows plaintiffs to recover if they contributed to their own injury, but their damages are reduced in proportion to the amount they contributed to the injury. This is called "comparative negligence."<\/p>\r\n

The chart below lays out the basics of New York negligence laws. See Negligence: Background<\/a> for more general information.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

Civ. Prac. L. & R. \u00a7\u00a7 1411, et seq.<\/a><\/p>\r\n

Article 51 of the New York Insurance Law\u200b<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Comparative Negligence<\/p>\r\n<\/th>\r\n

The claimant can still recover damages from the defendant so long as the claimant is not found to be 100% responsible for their damages<\/p>\r\n<\/td>\r\n<\/tr>

Contributory Negligence-Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

Yes; Civ. Prac. L. & R. \u00a7\u00a71401 et seq. \u2013 Two or more tortfeasors who are liable for damages for the same personal injury may seek contributions from one another regardless of whether or not the tortfeasor is a party to the lawsuit or a judgment has been rendered against them.<\/p>\r\n<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are constantly changing — contact a New York personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

More Resources<\/h2>\r\n

For more information on negligence laws in New York, you may find it helpful to consult the links provided below. They lead to additional resources discussing negligence, as well as to the actual statutes in the New York Code.<\/p>\r\n

You can also reference FindLaw’s section on Negligence<\/a>, which contains not only a discussion of the different elements and filing requirements involved in a negligence claim, but also descriptions of the various types of negligence cases, such as personal injury, product liability, and medical malpractice.<\/p>\r\n

Research the Law:<\/h2>\r\n